Is the subpoena process in NH for pro se litigants really this easy?

Asked about 1 year ago - Manchester, NH

I know wveryone will say i need a lawyer but i have two criminal cases and a divorce case. i needed to have one be pro se. I need recorded phone calls from an insurance company located in Ohio. I have my divorce and live in NH. The Court told me they have nothing to do with subpoenas. When I asked the counterstaff if a judge needed to sign one she just repeated the same statement. This is odd because NH has a subpoena form on their website. Do I really just address it to the custodian of records at the company stating what I need and the timeframe, send it registered mail, and wait for the items to be faxed and/or mailed? I need them before August 6th. Any help is appreciated. I'm going to send on Monday.

Attorney answers (2)

  1. Nathaniel John Oleson

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The power to subpoena is available to an attorney or a pro se litigant once a case is underway. The Court does not need to sign a subpoena or otherwise approve it, but will get involved upon request only if the subpoenaed party fails to respond. The form on the court website is available for your use so that whoever you serve a subpoena on will understand what it is you are seeking. I do urge you to consult with a local attorney before you send out the subpoenas because document requests such as this are very technical and it may not be possible to get the documents in the time frame you have specified.

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for... more
  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law.

    In a very limited few cases, a non-lawyer may issue a subpoena if acting on his or her own behalf and in many others a non lawyer using subpoena power is tantamount to the illegal practice of alw and can be sanctioned.

    Careful

    Find out BEFORE rather than after if your state allows pro se subpoena power

    And yes, you likely do need an attorney

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